A chiropractic medical malpractice trial is underway before Judge Thomas Kay in Farmington. Kristina Allison v. Dallas George, DC, CN 130700635 (Second District Court for Davis County). Jury trial is scheduled for nine days. The allegation essentially is that over-vigorous chiropractic manipulation by the defendant caused permanent personal injury to Ms. Allison’s cervical spine.
The Complaint asserts that Ms. Allison had been regularly visiting Community Chiropractic, Inc. for about three years.  On May 10, 2011, Ms. Allison asserts that Dr. George provided a “rough, forceful manipulation of her cervical spine” three times, causing immediate pain, discomfort, and permanent injury to her neck. Plaintiff also asserts that on the following day, May 11, she was driving to work in the morning when she heard and felt a “pop” in the back of her head and neck. Her head and neck immediately became hot and she felt her arms and legs get heavy.  She suffered from nausea and unabating dizziness for a couple of days thereafter.

An MRI demonstrated central spinal stenosis with mild cord compression asymmetric to the right of C5-C6, secondary to retrolisthesis of C5 on C6, and associated grade II broad-based disc bulges.  She underwent decompression and fusion surgery in July 2011 by Mark Reichman, M.D., at the Intermountain Medical Center.

Plaintiff claims that Dr. George did not exercise reasonable caution and care while administering treatments, failed to correctly perform manual adjustments and manipulations, failed to perform appropriate diagnostic tests, and failed to inform Ms. Allison of an alternative conservative treatment. 

Ms. Allison complains of severe and permanent injuries, including the surgery by Dr. Reichman. She also claims that the injury “excited” her multiple sclerosis, and that she continues to suffer from left sided pain, weakness, headaches, trouble sleeping, and discomfort.

The trial court dismissed the multiple sclerosis claims dismissed prior to trial, finding no scientific link between chiropractic adjustments and “exciting” an underlying MS condition. The court also granted partial summary judgment on the “unnecessarily forceful” manipulation claims, which apparently leaves only the pre-treatment assessment as the negligence claim. That is, the only remaining allegation is that the manipulation, even if not unnecessarily forceful, should and would not have been done at all if Dr. George had conducted a sufficient pre-treatment evaluation.

I am told that the defendant’s carrier (NCMIC) has not made any settlement offers and, indeed, that Dr. George has refused to consent to settlement.

Plaintiff’s counsel is Rick Lundell; for the defense is Steve Owens.

Salt Lake Medical Malpractice Attorney Blog

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